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MEMORANDUM OF UNDERSTANDING 

BETWEEN SANTA FE COUNTY AND 

THE PUEBLO OF POJOAQUE 

THIS MEMORANDUM OF UNDERSTANDING (hereinafter "Agreement") is 

entered on this I I day of Febr*~P,O 16, by and between Santa Fe County (hereinafter 

referred to as "County"), a New Mexico politicul subdivision, and the Pueblo of Pojoaque 

Mexico, (hereinafter referred to as "the Pueblo of Pojoaque"), 

RECITALS 

WHEREAS, the County submitted an application for Community Drinking While 

Intoxicated (COWi) Grant Funds on July 11, 2015 for DWI enforcement activities for Santa Fe 

County; 

WHEREAS. the County's DWI Program received funding from the NMDOT. Public 

Safety Division in the amount of $19,714.42 and entered into Grant Agreement No. 16-CD-05-

091 on December 16, 20 l 5for DWI enforcement activities to address the issue of DWI in Sunta 

Fe County and the Pueblo of Pojoaque; 

WHEREAS, the County's DWI Program dedicated $5,000.00 of the COWi Grant Funds 

to pay overtime hours for the Pojoaque Tribal Police Department to conduct law enforcement 

activities to include four (4) DWI check points and four (4) DWI saturation patrols and attend 

related DWI court hearings for offenders during fiscal year 2016; 

WHEREAS, the County's DWI Program would like to enter into a Memorandum of 

Understanding with the Pueblo of Pojoaque to provide for the duties of the County and the 

Pueblo of Pojoaque with respect to the Pueblo of Pojoaque·s efforts to conduct anti DWI law 

enforcement activities. 

NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES 

as follows: 

I. DUTlES OF THE PARTIES 

a. The County shall: 

I) Serve as fiscul agent for the funds identified in this MOU and maintain all 

financial records pertaining to the Program and expenditure of funds. 

2) Transfer and make available to the Pueblo of Pojoaque $5,000.00 for 

expenditure in FY 2016 to increase law enforcement operations to conduct 

four (4) check points and four (4) saturation patrols and attend related DWI 

court hearings for offenders. during fiscal year 2016. 

3) Reimburse the Pueblo of Pojoaque for costs and expenses associated with law 

enforcement activities upon receipt of invoice or statement from the Pueblo of 

Pojoaque. Reimbursement hy the County shall be made within thirty (30) 
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<lays following receipt from the Pueblo of Pojoaque of a statement or invoice 

requesting reimbursement for costs incurred by the Pueblo of Pojm1que. 

4) Oversee all DWI activities pertaining to this Agreement to ensure the Pueblo 

of Pojoaque is conducting such activities in a manner consistent with 

NMDOT Traffic Safety Division's CDWI Manual. 

b. The Pueblo of Pojoaque shall: 

I) Conduct four (4) DWI check points during fiscal year 2016 within the Pueblo 

of Pojoaque. 

2) Conduct four (4) saturation patrols during fiscal year 2016 within the Pueblo 

of Pojoaque. 

3) Attend court hearings for DWI offenders and testify as necessary for cases 

resulting from the anti DWI law enfon.:emcnt activities described above. 

1 COM PENSA TlON 

Reimbursement to the Pueblo of Pojoaque for costs including payment for overtime 

expenses incurred for DWI enforcement activities shall not exceed Five Thousand 

($5,000.00) dollars. inclusive of NM gross receipt taxes for FY 2016. 

3. TERM 

This Agreement shall be effective when signed by both authorized signatories of the 

Pueblo of Pojoaque and County. The Term of this MOU is the date of signatories of the 

parties to June 30, 2016, unless earlier terminated pursuant to paragraph 4 below. 

4. TERMINATION 

This Agreement may he terminated by either party upon delivery of a written notice to 

the other party at least thirty (30) days prior to the intended date of termination. By such 

termination, neither party may nullify or avoid any obligations incurred prior to 

termination. The County may not by such termination avoid its obligation to reimburse 

the Pueblo of Pojoaque for unavoidable and appropriate costs to which the Pueblo of 

Pojoaque was obligated prior to termination by the County. The Pueblo of Pojoaque will 

request reimbursement for such unavoidable and appropriate costs in accordance with 

Paragraph I.a.3. 

5. LIAB lUTY 

Neither party shall be responsible for liability incurred as a result of the other party's acts 

or omissions in connection with this MOU. Any liability incurred in connection with this 

Agreement is subject to the immunities and limitations of the New Mexico Tort Claims 

Act,§ 41-4-1. et seq., NMSA 1978. as amended. 

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activities described in this Agreement. Any liability on the part ofthe County incurred in 

connection with this Agreement is subject to the immunities and limitations ofthe New 

Mexico Tort Claims Act, § 41-4-1, et seq., NMSA 1978, as amended. 

Nothing in this Agreement shall be construed as a waiver ofsovereign immunity, express 

or implied, ofthe Pueblo ofPojoaque. The Pueblo ofPojoaque expressly retains 

regulatory and adjudicatory jurisdiction over all the anti-DWI activities that are the 

subject matter ofthis Agreement. 

6. AMENDMENT 

This Agreement shall not be altered, changed or amended except by an instrument in 

writing executed by the parties hereto. 

7. APPROPRIATIONS AND AUTHORIZATIONS 

This Agreement is contingent upon sufficient appropriations and authorizations being 

made for performance of this Agreement by the Board ofCounty Commissioners of the 

County and/or, ifstate funds are involved, the Legislature ofthe State ofNew Mexico. If 

sufficient appropriations and authorizations are not made in this or future fiscal years, this 

Agreement shall terminate upon written notice by the County to the Pueblo. Such 

termination shall be without penalty to the County, and the County shall have no duty to 

reimburse the Pueblo for expenditures made in the performance ofthis Agreement. The 

County is expressly not committed to expenditure of any funds until such time as they are 

programmed, budgeted, encumbered and approved for expenditure by the County. The 

County's decision as to whether sufficient appropriations and authorizations have been 

made for the fulfillment ofthis Agreement shall be final and not subject to challenge by 

the Pueblo in any way or forum, including a lawsuit. 

8. GOVERNING LAW 

This Agreement shall be governed by, and construed in accordance with, the laws ofNew 

Mexico. 

9. ACCOUNT ABLITY 

During the term ofthis Agreement and for a period ofthree years thereafter, each ofthe 

parties will maintain accurate and complete records ofall disbursements made and 

monies received by each under this Agreement; and, upon receipt ofreasonable written 

request, each shall make such records available to the other party and to the public, 

including any federal, state or local authority during regular business hours. 

10. NO THIRD PARTY BENEFICIARIES 

Nothing in this Agreement, express or implied, is intended to confer any rights, remedies, 

claims or interests upon a person not a party to this Agreement 

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11. PROPERTY 

Upon the expiration or termination ofthis Agreement, property acquired through the 

performance ofthe anti-DWI enforcement activities including vehicle seizures or 

property subject to seizure and permanent forfeiture, shall remain property ofthe Pueblo 

of Pojoaque. 

12. ENTIRE AGREEMENT 

This Agreement represents the entire understanding between the Pueblo of Pojoaque and 

County and supersedes any prior agreements or understandings with respect to the subject 

ofthis Agreement. No changes, amendments or alterations to this Agreement will be 

effective until in writing and signed by the parties. 

IN WITNESS WHEREOF the parties have duly executed this Agreement as ofthe dates 

written below. 

SANTA FE COUNTY: 

/ I ) f ( , 

Kathetine Miller Date 

Santa Fe County Manager 

Approved as to form: 

) ,. ;> .' 

: ~-~ «k - «J 7 ~ tlBd 

Gregory S. Shaffer;, Date 

County Attorney 

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('(_,L,b-l.~1

(. l , lLltl,'i~ L'kCarole H. Jaramillo/ 

Finance Director 

~ dl/i. 

Joseph M. Jall chy v 

Governor ofthe Pueblo ofPojoaque // ' 

Finance Department 

PUEBLO OF PQJt}AQUE: 

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ATTESTATION 

(Signature and title) Date 

Finance Department 

(}~1⁄4C~.6fiW. lbert Apodaca 

Finance Direc:r 

Carrie Frias 

Legal Counsel to Pojoaque Pueblo 

Approved as to fonn: 

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